Regulations of Gansu Province on Promoting the Transformation of Scientific and Technological Achievements
(Revised draft)
Chapter I General Provisions
Article 1 In order to promote the transformation of scientific and technological achievements into real productive forces, standardize the transformation activities of scientific and technological achievements, safeguard the legitimate rights and interests of all parties involved in the transformation of scientific and technological achievements, accelerate the progress of science and technology, and promote the economic construction and social development of this province, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on Promoting the Transformation of Scientific and Technological Achievements and other relevant laws and administrative regulations, combined with the actual situation of this province.
Article 2 The term "scientific and technological achievements" as mentioned in these Regulations refers to achievements of practical value produced in scientific research and technological development.
The term "post scientific and technological achievements" as mentioned in these Regulations refers to the scientific and technological achievements made by research and development institutions, institutions of higher learning, enterprises and other units in performing their tasks or mainly using the material and technical conditions of the above-mentioned units.
The transformation of scientific and technological achievements as mentioned in these Regulations refers to the subsequent testing, development, application and promotion of scientific and technological achievements in order to improve the level of productivity until new technologies, new processes, new materials, new products and new industries are formed.
Article 3 The transformation of scientific and technological achievements shall follow the following principles:
(1) It is conducive to accelerating the implementation of the innovation-driven development strategy and promoting the combination of science and technology and economy;
(two) is conducive to improving economic and social benefits, rational utilization and development of resources, protect the ecological and natural environment;
(3) It is conducive to promoting economic construction, social development and national security;
(four) respect the laws of the market, give full play to the main role of enterprises, and follow the principles of voluntariness, mutual benefit, fairness and integrity;
(5) Intellectual property rights in the transformation of scientific and technological achievements are protected by law.
Article 4 The people's governments at or above the county level shall be responsible for the management, guidance and coordination of the transformation of scientific and technological achievements within their respective administrative areas, incorporate the transformation of scientific and technological achievements into the national economic and social development plan, increase financial support, improve the transformation policy of scientific and technological achievements, improve the scientific and technological service system, guide social capital investment, and promote the diversification of capital investment in the transformation of scientific and technological achievements.
Article 5 The administrative departments of science and technology, comprehensive economic management and other relevant administrative departments of the people's governments at or above the county level shall, in accordance with their statutory duties, manage, guide and coordinate the transformation of scientific and technological achievements.
Article 6 Citizens, legal persons and other social organizations are encouraged to participate in the transformation of scientific and technological achievements and promote mass entrepreneurship and innovation.
Chapter II Organization and Implementation
Article 7 For an applied science and technology project established with financial funds, the competent department of the project shall specify the obligations of the project undertaker to transform scientific and technological achievements, and take the transformation of scientific and technological achievements and the creation and application of intellectual property rights as the important contents and basis for project acceptance.
Article 8 This province shall establish and improve the scientific and technological reporting system and the information system of scientific and technological achievements, announce the implementation of scientific and technological projects, scientific and technological achievements and related intellectual property information to the public, and provide public services such as information inquiry and screening of scientific and technological achievements.
The undertaker of a scientific and technological project established with financial funds shall, in accordance with the procedures and requirements stipulated in the scientific and technological reporting system, submit a scientific and technological report to the competent department of the project in a timely manner, and submit scientific and technological achievements and related intellectual property information to the scientific and technological achievements information system.
The competent department of the project shall, in accordance with the principle of classified management and control of use, disclose scientific and technological reports to the public. The scientific and technological reports of classified projects shall be managed in accordance with the national secrecy laws and regulations.
Article 9 Holders of scientific and technological achievements may transform scientific and technological achievements in the following ways:
(a) investment in the implementation of the transformation;
(2) Transferring scientific and technological achievements to others;
(3) Licensing others to use the scientific and technological achievements;
(four) the scientific and technological achievements as a condition of cooperation, and others to cooperate with the implementation of the transformation;
(five) scientific and technological achievements as the investment price, share conversion or capital contribution ratio;
(six) other ways to determine through consultation.
Tenth of the following scientific and technological achievements transformation projects, the people's governments at or above the county level through government procurement, research and development funding, job subsidies, the publication of industrial technology guidance catalogue, demonstration and promotion and other ways to give support:
(a) can significantly improve the level of industrial technology, economic benefits or can form a new industry to promote the healthy development of social economy;
(2) Being able to significantly improve the national security capability and public security level;
(3) Being able to rationally develop and utilize resources, save energy and reduce consumption, prevent and control environmental pollution, protect ecology, and improve the ability to cope with climate change and prevent and mitigate disasters;
(4) improving people's livelihood and improving public health;
(five) to promote high-yield, high-quality, efficient, ecological and safe agriculture or rural economic development;
(6) It can accelerate the social and economic development in minority areas, remote areas and poverty-stricken areas.
Article 11 Technologies under any of the following circumstances shall not be transformed and applied:
(a) in violation of the national industrial policy and technical policy, the state explicitly prohibits the use or has been eliminated within a time limit;
(two) polluting the environment, wasting resources and destroying the ecological balance;
(3) Endangering national security and harming public interests;
(4) False and immature technology.
Twelfth people's governments at or above the county level shall guide enterprises to cooperate with research and development institutions and institutions of higher learning to carry out integrated research, development and experiments in Industry-University-Research through joint ventures, technology transfer and shareholding, so as to promote the transformation and application of scientific and technological achievements.
Thirteenth encourage research and development institutions, universities and technology transfer service institutions to make full use of their international scientific and technological cooperation resources, and promote enterprises to carry out Industry-University-Research cooperation with foreign research and development institutions, universities and enterprises.
Article 14 People's governments at or above the county level shall guide and support the development of science and technology service industry, innovate the service mode of transforming scientific and technological achievements, expand the service chain of scientific and technological innovation, and promote the networking, specialization, scale and internationalization of science and technology service industry.
Fifteenth people's governments at or above the county level shall cultivate and develop the technology market, encourage the establishment of science and technology intermediary service institutions, and provide trading places and information platforms, information processing and analysis, evaluation, brokerage and other services for technology trading. Science and technology intermediary service institutions set up by social forces can be supported by the government through the purchase of services.
Technical service institutions such as detection, evaluation, consultation and information service of scientific and technological achievements shall be registered in accordance with the law and obtain professional qualifications before they can carry out related business.
When providing services, science and technology intermediaries shall follow the principles of fairness and objectivity, and shall not provide false information and certificates, and shall be obliged to keep confidential the state secrets and the commercial secrets of the parties they know in the course of service.
Article 16 The provincial people's government shall, according to the needs of industrial and regional development, establish a public R&D platform and a public service platform for science and technology, and provide services such as technical consultation, technology integration, industrial R&D, intermediate test and industrial test, systematic and engineering development of scientific and technological achievements, technology popularization and demonstration inspection and testing, standard certification, metrological verification and calibration for the transformation of scientific and technological achievements.
Seventeenth to encourage and support the development of science and technology business incubators, university science parks, creative space and other science and technology business incubators, to provide incubation sites, entrepreneurship counseling, research and development, management consulting and other services for small and medium-sized science and technology enterprises in the initial stage.
Chapter III Safeguard Measures
Eighteenth people's governments at or above the county level shall increase investment in the transformation of scientific and technological achievements year by year. The financial funds for the transformation of scientific and technological achievements are mainly used for guiding funds for the transformation of scientific and technological achievements, discount loans, subsidies and venture capital, and other purposes to promote the transformation of scientific and technological achievements.
Article 19 The provincial people's government shall set up a guiding fund for the transformation of scientific and technological achievements, which is mainly used for the transformation and application of new technologies, new processes, new materials and new products supported by financial science and technology plans at all levels and other social funds, and to support the development of strategic emerging industries and the upgrading of advantageous traditional industries.
Twentieth people's governments at or above the county level shall incorporate the transformation of scientific and technological achievements into local poverty alleviation and development plans and take effective measures to promote the transformation and application of scientific and technological achievements in poverty-stricken areas.
Encourage agricultural scientific research institutions and agricultural experimental demonstration units to transform agricultural scientific and technological achievements independently or in cooperation with other units in poverty-stricken areas of this province.
Twenty-first establish and improve the risk investment mechanism for the transformation of scientific and technological achievements. Encourage the establishment of venture capital institutions and technology loan guarantee organizations. Encourage insurance institutions to develop insurance products that meet the characteristics of the transformation of scientific and technological achievements and provide insurance services for the transformation of scientific and technological achievements.
Support enterprises to finance scientific and technological achievements transformation projects through direct financing methods such as equity trading and issuing stocks and bonds according to law.
Twenty-second for research and development institutions and institutions of higher learning to invest in enterprises with scientific and technological achievements at a fixed price, the restrictions on the establishment period and profit level of enterprises shall be relaxed through equity incentives and equity sales.
When researchers of high-tech enterprises and small and medium-sized scientific and technological enterprises obtain equity incentive income through the transformation of scientific and technological achievements, they should pay personal income tax in installments within five years.
Twenty-third research and development institutions and institutions of higher learning are allowed to establish scientific and technological enterprises and engage in the transformation of scientific and technological achievements. Scientific and technological enterprises established by research and development institutions and institutions of higher learning shall be managed and operated in accordance with the principles of being conducive to innovation and entrepreneurship, clear rights and responsibilities, and separation of investment and operation.
Article 24 The competent departments of research and development institutions, institutions of higher learning and relevant administrative departments of finance, science and technology shall establish a performance evaluation system that is conducive to promoting the transformation of scientific and technological achievements, regard the transformation of scientific and technological achievements as one of the important contents and bases for evaluating relevant units and personnel and supporting scientific research funds, and increase the support for scientific research funds of relevant units and personnel with outstanding achievements in the transformation of scientific and technological achievements.
Research and development institutions and institutions of higher learning established by government financial funds shall establish a system of professional title evaluation, post management and evaluation that conforms to the characteristics of the transformation of scientific and technological achievements, and improve the incentive and restraint mechanism of income distribution.
Twenty-fifth qualified scientific and technological personnel of research and development institutions and institutions of higher learning can leave their jobs and start businesses with scientific research projects and achievements within three years with the consent of their units. During the period of starting a business, he will retain the basic treatment and enjoy the same rights as other employees in the original unit in terms of job title evaluation and employment, post grade promotion and social insurance.
Encourage research and development institutions, institutions of higher learning and other institutions of scientific research personnel to engage in the transformation of scientific and technological achievements and technical research in enterprises part-time under the premise of fulfilling their duties.
Twenty-sixth research and development institutions and institutions of higher learning can set up a certain proportion of mobile posts to attract enterprise management and scientific and technological talents with practical experience in the transformation of scientific and technological achievements to work part-time in research and development institutions and institutions of higher learning.
Twenty-seventh scientific and technological personnel engaged in the transformation of scientific and technological achievements and the promotion of advanced and applicable technologies shall be treated equally with scientific research and teaching personnel in terms of professional title evaluation, working conditions and living conditions.
Twenty-eighth people's governments at or above the county level shall be allowed to receive remuneration for technical services, start enterprises or obtain equity, options and dividends from enterprises for science and technology commissioners engaged in the transformation of scientific and technological achievements.
Twenty-ninth scientific and technological achievements transformation activities enjoy the preferential tax provisions of the state.
Chapter IV Technical Rights and Interests
Thirtieth scientific and technological achievements formed by research and development institutions, universities and science and technology intermediary service institutions supported by financial funds, which do not involve national defense, national security, national interests and major social interests, shall be all delegated to the project undertaker. The competent department of the unit and the financial department will no longer approve or record the use and disposal of scientific and technological achievements in China, and all the income from the transfer and transformation of scientific and technological achievements will be returned to the unit.
Thirty-first post after the transformation of scientific and technological achievements, scientific and technological achievements completion unit to complete and transform scientific and technological achievements to make important contributions to the personnel to give rewards and remuneration. The way, amount and time limit of rewards and remuneration may be stipulated by the unit that has completed scientific and technological achievements or agreed with scientific and technological personnel. If there is no stipulation or agreement on the way, amount and time limit of rewards and remuneration, the personnel who have made important contributions to the completion and transformation of post scientific and technological achievements shall be rewarded and remunerated according to the following standards:
(1) If the scientific and technological achievements of the post are transferred or licensed to others, the proportion of not less than 50% shall be drawn from the net income of the transfer or license of the scientific and technological achievements;
(2) If the investment is based on the scientific and technological achievements of the post, not less than 50% of the shares or investment proportion formed by the scientific and technological achievements shall be withdrawn;
(3) If the scientific and technological achievements of this post are implemented by themselves or in cooperation with others, the proportion of not less than 5% shall be extracted from the operating profit of the scientific and technological achievements for three to five consecutive years after the successful transformation.
Thirty-second state-owned enterprises and institutions in accordance with the provisions of this Ordinance to complete and transform the post of scientific and technological achievements to make an important contribution to the reward and remuneration costs included in the unit's total wages in the current year, but not included in the unit's total wage base.
Chapter V Legal Liability
Article 33 If the undertaker of a scientific and technological project established with financial funds fails to submit scientific and technological reports, scientific and technological achievements and relevant intellectual property information in accordance with the provisions of this Law, the relevant government departments and administrative agencies that organize the implementation of the project shall order it to make corrections; If the circumstances are serious, informed criticism is forbidden to undertake scientific and technological projects set up with financial funds within a certain period of time.
Thirty-fourth in violation of the provisions of this Ordinance, prohibit the transformation and application of technology, the administrative department of science and technology shall be ordered to make corrections, confiscate the illegal income, and impose a fine of one to three times the illegal income. Causing economic losses, bear civil liability for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 35 Where a science and technology intermediary service institution and its employees, in violation of the provisions of these Regulations, deliberately provide false information, experimental results or evaluation opinions to deceive the parties, or collude with one party to deceive the other party, the relevant government departments shall order it to make corrections according to their management responsibilities, confiscate its illegal income and impose a fine; If the circumstances are serious, the business license shall be revoked by the registration authority according to law; If it causes economic losses to others, it shall bear civil liability for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-sixth scientific and technological personnel subordinate units in violation of the provisions of this Ordinance, not in accordance with the law or in accordance with the agreement to complete and transform scientific and technological achievements of scientific and technological personnel to give rewards and remuneration, by the competent department of the unit shall be ordered to make corrections within a time limit; If no correction is made within the time limit, the administrative responsibility of the person in charge of the unit shall be investigated by the competent department of the unit according to law.
Article 37 Where the administrative department of science and technology and other relevant departments and their staff abuse their powers, neglect their duties or engage in malpractices for selfish ends in the transformation of scientific and technological achievements, the appointment and removal organ or the supervisory organ shall punish the directly responsible person in charge and other directly responsible personnel according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-eighth other acts in violation of the provisions of this Ordinance, laws and regulations have been punished, from its provisions.
Chapter VI Supplementary Provisions
Article 39 These Regulations shall come into force as of the date of promulgation. 199865438+February 1 1 The Regulations of Gansu Province on Promoting the Transformation of Scientific and Technological Achievements adopted by the Seventh Session of the Ninth Provincial People's Congress Standing Committee shall be abolished at the same time.